[Code of Federal Regulations]

[Title 32, Volume 6]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 32CFR2001.53]



[Page 490-491]

 

                        TITLE 32-NATIONAL DEFENSE

 

CHAPTER XX--INFORMATION SECURITY OVERSIGHT OFFICE, NATIONAL ARCHIVES AND 

                         RECORDS ADMINISTRATION

 

PART 2001_CLASSIFIED NATIONAL SECURITY INFORMATION--Table of Contents

 

                         Subpart D_Safeguarding

 

Sec.  2001.53  Foreign Government Information [4.1].



    The requirements described below are additional baseline 

safeguarding standards that may be necessary for foreign government 

information, other than NATO information, that requires protection 

pursuant to an existing treaty, agreement, bilateral exchange or other 

obligation. NATO classified information shall be safeguarded in 

compliance with United States Security Authority for NATO Instructions 

I-69 and I-70. To the extent practical, and to facilitate its control, 

foreign government information should be stored separately from other 

classified information. To avoid additional costs, separate storage may 

be accomplished by methods such as separate drawers of a container. The 

safeguarding standards described below may be modified if required or 

permitted by treaties or agreements, or for other obligations, with the 

prior written consent of the National Security Authority of the 

originating government, hereafter ``originating government.''

    (a) Top Secret. Records shall be maintained of the receipt, internal 

distribution, destruction, access, reproduction, and transmittal of 

foreign government Top Secret information. Reproduction requires the 

consent of the originating government. Destruction will be witnessed.

    (b) Secret. Records shall be maintained of the receipt, external 

dispatch and destruction of foreign government Secret information. Other 

records may be necessary if required by the originator. Secret foreign 

government information may be reproduced to meet mission requirements 

unless prohibited by the originator. Reproduction shall be recorded 

unless this requirement is waived by the originator.

    (c) Confidential. Records need not be maintained for foreign 

government Confidential information unless required by the originator.

    (d) Restricted and other foreign government information provided in 

confidence. In order to assure the protection of other foreign 

government information provided in confidence (e.g., foreign government 

``Restricted,'' ``Designated,'' or unclassified provided in confidence), 

such information must be classified under E.O. 12958 as amended. The 

receiving agency, or a receiving U.S. contractor, licensee, grantee, or 

certificate holder acting in accordance with instructions received from 

the U.S. Government, shall provide a degree of protection to the foreign 

government information at least equivalent to that required by the 

government or international organization that provided the information. 

When adequate to achieve equivalency, these standards may be less 

restrictive than the safeguarding standards that ordinarily apply to 

U.S. CONFIDENTIAL information. If the foreign protection requirement is 

lower than the protection required for U.S. CONFIDENTIAL information, 

the following requirements shall be met:

    (1) Documents may retain their original foreign markings if the 

responsible agency determines that these markings are adequate to meet 

the purposes served by U.S. classification markings. Otherwise, 

documents shall be marked, ``This document contains (insert name of 

country) (insert classification level) information to be treated as U.S. 

(insert classification level).'' The notation, ``Modified Handling 

Authorized,'' may be added to either the foreign or U.S. markings 

authorized for foreign government information. If remarking foreign 

originated documents or matter is impractical, an approved cover sheet 

is an authorized option;

    (2) Documents shall be provided only to those who have an 

established need-to-know, and where access is required by official 

duties;

    (3) Individuals being given access shall be notified of applicable 

handling instructions. This may be accomplished by a briefing, written 

instructions, or by applying specific handling requirements to an 

approved cover sheet;

    (4) Documents shall be stored in such a manner so as to prevent 

unauthorized access;

    (5) Documents shall be transmitted in a method approved for 

classified information, unless this method is waived by the originating 

government.



[[Page 491]]



    (e) Third-country transfers. The release or disclosure of foreign 

government information to any third-country entity must have the prior 

consent of the originating government if required by a treaty, 

agreement, bilateral exchange, or other obligation.